Criminal Code Amendment (Agricultural Protection) Act 2019

Administered by Attorney-General's Department

Legislation au C2019A00067 In force Act

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Criminal Code Amendment (Agricultural Protection) Act 2019

 

No. 67, 2019

 

 

 

 

 

An Act to amend the Criminal Code Act 1995, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Agricultural protection

Criminal Code Act 1995

 

 

 

 

Criminal Code Amendment (Agricultural Protection) Act 2019

No. 67, 2019

 

 

 

An Act to amend the Criminal Code Act 1995, and for related purposes

[Assented to 19 September 2019]

The Parliament of Australia enacts:

1  Short title

  This Act is the Criminal Code Amendment (Agricultural Protection) Act 2019.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

20 September 2019

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Agricultural protection

 

Criminal Code Act 1995

1  Section 473.1 of the Criminal Code

Insert:

abattoir means a place where animals are slaughtered (whether or not for human consumption), but does not include a restaurant.

agricultural land means land in Australia that is used for a primary production business. For the purposes of this definition, it is immaterial:

 (a) whether a part of the land is used for residential purposes; or

 (b) whether a part of the land is used for a business that is not a primary production business.

Crown land means land that is the property of:

 (a) the Commonwealth, a State or a Territory; or

 (b) a statutory authority;

but does not include land that is subject to a lease to a person other than:

 (c) the Commonwealth, a State or a Territory; or

 (d) a statutory authority.

forestry means:

 (a) planting or tending trees in a plantation or forest that are intended to be felled; or

 (b) felling trees in a plantation or forest.

meat by‑product includes skin, hide, tallow, meat meal and inedible offal.

primary production business means any of the following:

 (a) a business of grazing;

 (b) a business of operating animal feedlots;

 (c) a business of dairy farming;

 (d) a business of farming animals for the purpose of producing meat or meat by‑products;

 (e) a business of poultry farming;

 (f) a business of aquaculture;

 (g) a business of bee‑keeping;

 (h) a business of operating an abattoir;

 (i) a business of operating livestock sale yards;

 (j) a business of operating a registered establishment (within the meaning of the Export Control Act 1982);

 (k) a business of operating a fish processing facility;

 (l) a business of growing fruit;

 (m) a business of growing vegetables;

 (n) a business of growing nuts;

 (o) a business of growing crops;

 (p) a business of viticulture;

 (pa) a business of operating:

 (i) a wood processing facility; or

 (ii) a wood fibre processing facility;

 (q) a business of forestry that is carried on on private land.

private land means land other than Crown land.

statutory authority means a body established for a public purpose by or under a law of the Commonwealth, a State or a Territory.

2  At the end of Division 474 of the Criminal Code

Add:

Subdivision J—Offences relating to use of carriage service for inciting trespass, property damage, or theft, on agricultural land

474.46  Using a carriage service for inciting trespass on agricultural land

 (1) A person (the offender) commits an offence if:

 (a) the offender transmits, makes available, publishes or otherwise distributes material; and

 (b) the offender does so using a carriage service; and

 (c) the offender does so with the intention of inciting another person to trespass on agricultural land; and

 (d) the offender is reckless as to whether:

 (i) the trespass of the other person on the agricultural land; or

 (ii) any conduct engaged in by the other person while trespassing on the agricultural land;

  could cause detriment to a primary production business that is being carried on on the agricultural land.

Penalty: Imprisonment for 12 months.

 (2) Subsection (1) does not apply to material if the material relates to a news report, or a current affairs report, that:

 (a) is in the public interest; and

 (b) is made by a person working in a professional capacity as a journalist.

 (2A) In a prosecution for an offence against subsection (1), the defendant does not bear an evidential burden in relation to the matters in subsection (2), despite subsection 13.3(3).

 (3) Subsection (1) does not apply to conduct engaged in by a person if, as a result of the operation of a law of the Commonwealth, a State or a Territory, the person is not subject to any civil or criminal liability for the conduct.

Note 1: The Public Interest Disclosure Act 2013 provides that an individual is not subject to any civil or criminal liability for making a public interest disclosure.

Note 2: Section 1317AB of the Corporations Act 2001 provides that a person who makes a disclosure that qualifies for protection under Part 9.4AAA of that Act is not subject to any civil or criminal liability for making the disclosure.

Note 3: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

 (4) Subsection (3) does not limit section 10.5 (lawful authority).

474.47  Using a carriage service for inciting property damage, or theft, on agricultural land

 (1) A person (the offender) commits an offence if:

 (a) the offender transmits, makes available, publishes or otherwise distributes material; and

 (b) the offender does so using a carriage service; and

 (c) the offender does so with the intention of inciting another person to:

 (i) unlawfully damage property on agricultural land; or

 (ii) unlawfully destroy property on agricultural land; or

 (iii) commit theft of property on agricultural land.

Penalty: Imprisonment for 5 years.

 (2) Subsection (1) does not apply to material if the material relates to a news report, or a current affairs report, that:

 (a) is in the public interest; and

 (b) is made by a person working in a professional capacity as a journalist.

 (2A) In a prosecution for an offence against subsection (1), the defendant does not bear an evidential burden in relation to the matters in subsection (2), despite subsection 13.3(3).

 (3) Subsection (1) does not apply to conduct engaged in by a person if, as a result of the operation of a law of the Commonwealth, a State or a Territory, the person is not subject to any civil or criminal liability for the conduct.

Note 1: The Public Interest Disclosure Act 2013 provides that an individual is not subject to any civil or criminal liability for making a public interest disclosure.

Note 2: Section 1317AB of the Corporations Act 2001 provides that a person who makes a disclosure that qualifies for protection under Part 9.4AAA of that Act is not subject to any civil or criminal liability for making the disclosure.

Note 3: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

 (4) Subsection (3) does not limit section 10.5 (lawful authority).

When a person commits theft

 (5) For the purposes of this section, a person commits theft of property if:

 (a) the property belongs to another person; and

 (b) the person dishonestly appropriates the property with the intention of permanently depriving the other person of the property.

 (6) An expression used in subsection (5) and in Chapter 7 has the same meaning in that subsection as it has in that Chapter.

 (7) In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact.

 (8) Sections 131.2 to 131.11 apply (with appropriate modifications) in determining whether a person commits theft of property (within the meaning of this section).

474.48  Implied freedom of political communication

 (1) This Subdivision does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

 (2) Subsection (1) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Act.

3  Subsections 475.1A(1) and (2) of the Criminal Code

Omit “or G”, substitute “, G or J”.

4  Paragraphs 475.1B(1)(a) and (2)(a) of the Criminal Code

Omit “or F”, substitute “, F or J”.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 4 July 2019

Senate on 9 September 2019]

(117/19)

 

 

Overview

The Criminal Code Amendment (Agricultural Protection) Act 2019, enacted by the Parliament of Australia, aims to address the problem of unauthorised activities on agricultural land that cause detriment to primary production businesses. This Act amends the Criminal Code Act 1995 to introduce new offences related to the use of carriage services to incite trespass, property damage, or theft on agricultural land. The policy objective is to provide enhanced protection for agricultural businesses against activities that could harm their operations and productivity. The Act came into effect on 20 September 2019, the day after receiving Royal Assent. It introduces new provisions that criminalise the use of communication services to incite others to trespass on agricultural land, commit property damage, or engage in theft, with specific penalties for these offences. Exemptions are provided for news and current affairs reports made by professional journalists in the public interest, and for conduct protected under other laws from civil or criminal liability.

Scope and Application

The Criminal Code Amendment (Agricultural Protection) Act 2019 applies to individuals and entities that engage in activities that incite trespass, property damage, or theft on agricultural land within Australia. The Act amends the Criminal Code Act 1995 to introduce new offences targeting the use of carriage services to incite such activities on agricultural land, with a specific focus on protecting primary production businesses. The Act applies nationally across Australia, encompassing all states and territories, and extends to both Crown and private land used for agricultural purposes. It introduces penalties, including imprisonment for up to 12 months for inciting trespass and up to 5 years for inciting property damage or theft, provided these actions could cause detriment to a primary production business. The Act excludes from prosecution certain types of material if they are news or current affairs reports made by professional journalists in the public interest. Additionally, it exempts individuals who are protected from civil or criminal liability under specific Commonwealth, state, or territory laws, such as the Public Interest Disclosure Act 2013 and the Corporations Act 2001. The Act's application may be further defined or extended through subordinate legislation, though no such instruments are specified in the text provided.

Key Provisions

The Criminal Code Amendment (Agricultural Protection) Act 2019 amends the Criminal Code Act 1995 to introduce new offences related to the use of carriage services to incite trespass, property damage, or theft on agricultural land. The Act defines key terms such as 'abattoir', 'agricultural land', 'primary production business', and 'meat by-product', providing clarity on the scope of the legislation. Specifically, Section 473.1 of the Criminal Code is amended to include these definitions, which are integral to understanding the scope and application of the new offences introduced by the Act. The Act imposes new obligations and requirements on individuals who use carriage services to incite others to trespass on agricultural land or to commit property damage or theft on such land. Under Section 474.46, a person commits an offence if they transmit, make available, publish, or otherwise distribute material using a carriage service with the intention of inciting another person to trespass on agricultural land, and are reckless about whether the trespass or any conduct while trespassing could cause detriment to a primary production business on that land. The penalty for this offence is imprisonment for up to 12 months. Similarly, Section 474.47 makes it an offence to use a carriage service to incite another person to unlawfully damage, destroy, or steal property on agricultural land, with a penalty of imprisonment for up to 5 years. Exemptions are provided for news and current affairs reports made by professional journalists if they are in the public interest. The Act also outlines the consequences for breaching its provisions. Offences under Sections 474.46 and 474.47 are subject to specific penalties, with imprisonment for 12 months and 5 years, respectively. These penalties underscore the seriousness with which the law treats attempts to incite criminal activity on agricultural land. Additionally, the Act specifies that certain defences and evidential burdens apply in prosecutions under these sections, ensuring a fair and balanced approach to enforcement. The inclusion of these provisions aims to protect agricultural businesses from malicious activities facilitated through modern communication methods.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.